State bar reviews 2nd grievance against Fort Bend DA Healey

Fort Bend County District Attorney John Healey speaks during a news conference announcing the results of a large drug bust involving steroids Wednesday, May 27, 2009, in Rosenberg. Several suspects were taken into custody in what was dubbed the largest narcotics investigation in the history of Fort Bend County. The operation called "Farmacia de Juicy Phruit" involves the distribution of thousands of doses of anabolic steroids, human growth hormones, ecstasy an other drugs, law enforcement said in a statement Wednesday. Rodney Clarke, Special Agent-in-Charge, I.R.S. Houston Criminal Investigations, is shown on the right. ( Brett Coomer / Chronicle )

Fort Bend County District Attorney John Healey speaks during a news...

The Texas State Bar is reviewing a complaint by a Sugar Land chiropractor accusing Fort Bend County's district attorney of implying he would be lenient in prosecuting the man's son if the doctor donated to his campaign.

"This is a very desperate attempt on the part of a man who loves his son to get his son out of trouble," Healey said.

Rabbani declined to provide a copy of the July complaint, or grievance, to the Chronicle, but both men confirmed the basic details of it, and court records document the criminal case from which it stems.

The chiropractor's son, Ben Rabbani, 33, pleaded guilty in June to three counts of aggravated assault with a deadly weapon as part of a deal with prosecutors to receive four years of probation instead of standing trial and facing potential jail time.

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The conviction arose from an incident in which the younger Rabbani held a gun as three men approached him, including the husband of a woman who'd had an extramarital affair with Ben Rabbani. He denied pointing the gun at the men and alleged that the husband popped a Taser at him. No one reported injuries, and both parties filed separate police reports.

Ben Rabbani did not return a request for comment through his father and attorney.

Video without sound

Dr. Rabbani said his son only pleaded guilty to get out of jail and because of poor legal representation. He and Houston attorney David Sheller have raised numerous questions about the handling of the case, from investigation to prosecution and probation.

"These people are all corrupt," Rabbani alleged.

But the grievance filed with the state bar focuses on a narrow issue: whether Healey offered special treatment for the doctor's son in exchange for a campaign donation. Rabbani did not make a campaign contribution.

A video without sound from Dr. Rabbani's office shows him speaking with Healey on Oct. 31, a few days before the election. Rabbani said Healey's visit was unannounced and that the district attorney started talking about his son's case. As the veteran prosecutor was leaving, Rabbani said, Healey said he would review the case to "see what I can do for you," then added, "What can you do for my campaign?"

Healey said Dr. Rabbani had called him and left a message requesting campaign fliers to distribute at his office, so that's why he had visited. He also noted that elements of Rabbani's story shared with local media are not included in the affidavit the family's attorney filed in a request for the judge to dismiss the case against the son.

"I don't know that we talked about his son's case, but if we did, he would have brought up the topic," Healey said. "I didn't ask him for money, nor did I ask him or tacitly request money as suggested by Mr. Rabbani."

Another pending case

The state bar cannot release information about grievances unless they result in disciplinary action because of state confidentiality laws designed to protect attorneys from baseless accusations. While most district attorneys have grievances filed against them, few result in a finding of misconduct.

For the 12 months ending May 31, 2014, the state bar's Office of Chief Disciplinary Counsel obtained disbarment in only six cases, according to a recent Commission for Lawyer Discipline report.

In June, the bar accused Healy and an assistant district attorney of "professional misconduct" for delays in notifying an imprisoned man that evidence used against him may have been tainted. In a petition filed in civil court, the commission asked that Healey be disciplined with "reprimand, suspension or disbarment." That case is pending.